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MATTER OF WHEELER v. CITY OF ELMIRA

63 N.Y.2d 721 (1984)

In the Matter of Stewart R. Wheeler, Appellant, v. City of Elmira et al., Respondents, and Esther Gladke et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided September 11, 1984.

Attorney(s) appearing for the Case

Thomas W. Farstad for appellant.

Gerald E. DeFilippo, Corporation Counsel (Steven W. Forrest of counsel), for respondent.

Samuel J. Castellino for intervenor-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in its memorandum. We add that petitioner's papers: (1) do not reveal what the rental for the second floor apartment is; (2) seek to establish the maximum potential rental for a first floor apartment, if conversion is permitted, through the affidavit of an attorney which does not establish his status as an expert on real...

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